Judge: Colleen McMahon

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In Brown v. Metropolitan Dental Associates et al, 2023 WL 5154415 (S.D.N.Y. August 10, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s pregnancy discrimination claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, the same evidence that raised factual issues with respect to…

Read More “He Said, She Said” Pregnancy Discrimination Claim Survives Summary Judgment
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In Harding v. Dorilton Capital Advisors LLC et al, No. 22 Civ 01726 (CM), 2022 WL 10650256 (S.D.N.Y. Oct. 18, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: Plaintiff alleges that Mathew [his direct supervisor] engaged in conduct that was not facially neutral because…

Read More Race-Based Hostile Work Environment Claim, Based on Contentions of Negative Treatment Relative to White Teammates, Sufficiently Alleged
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In Mondelo v. Quinn, Emanuel, Urquhart & Sullivan, LLP et al, 21-cv-02512, 2022 WL 524551 (SDNY Feb. 22, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s Spanish Ethnicity/Ancestry/National Origin-based hostile work environment claims under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights…

Read More Spanish Ethnicity/Ancestry/National Origin Hostile Work Environment Claim Survives Against Quinn, Emanuel Law Firm
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In Adeniji v. U.S. Department of Commerce/Census Bureau-NY Regional Office/Hannah Zimmerman, 2019 WL 7067057 (S.D.N.Y. Dec. 23, 2019), the court dismissed plaintiff’s race discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. As to plaintiff’s discrimination claim, the court explained: To state an employment discrimination claim under Title VII,…

Read More Title VII Discrimination Claim Insufficiently Alleged, Court Holds
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In Katz v. The New York Historical Society, 19-CV-8637, 2019 WL 6529325 (S.D.N.Y. Dec. 3, 2019), the court dismissed plaintiff’s age discrimination complaint, which it construed as asserting claims under the Age Discrimination in Employment Act of 1967 (ADEA). As to the substantive law, the court explained: The ADEA makes it unlawful for an employer…

Read More Age Discrimination: A Dismissal and Some Judicial Guidance for the Amended Complaint
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In Tavarez v. 32BJ et al, 2019 WL 5683370 (S.D.N.Y. Nov. 1, 2019), the court dismissed plaintiff’s employment discrimination claim. While plaintiff had testified that almost daily over several years her supervisor “engaged in grossly offensive behavior toward her,” she did not assert facts making out a claim under the antidiscrimination laws. The court cited…

Read More “Grossly Offensive” Behavior Unconnected to Protected Class Insufficient to State Employment Discrimination Claim
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In a recent decision, Colon v. St. John’s Riverside Hospital, 19-cv-5846 (SDNY Oct. 15, 2019), the court dismissed plaintiff’s race discrimination claims under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The court summarized the law: To state an employment discrimination claim under Title VII or § 1981, “a…

Read More Court Dismisses Race Discrimination Complaint; Offers Guidance For Amended Complaint
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